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04 October 2007 / Charmaine Murray , Lee Parkhill
Issue: 7291 / Categories: Features , Public
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A difference of opinion

Functions of a public nature should be defined on a case by case basis. Lee Parkhill and Charmaine Murray explain

In YL v Birmingham City Council and others [2007] UKHL 27, [2007] 3 All ER 957 their lordships considered the scope of the Human Rights Act 1998 (HRA 1998), s 6(3)(b), which allows for bodies other than core public authorities to be subject to the obligation, contained in s 6(1), which requires them to act compatibly with the European Convention on Human Rights (the Convention).

An otherwise private body may be regarded as a public authority for the purposes of HRA 1998 if, per s 6(3)(b), it performs “functions of a public nature”. Such a body is commonly referred to as a hybrid public authority. The obligation on such hybrid bodies to observe Convention rights attaches only to functions which are of a public nature. Therefore, determining the scope of s 6(3)(b) is necessary not only to identify which bodies are subject to the obligation in s 6(1), but also to determine

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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